A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 7:00 p.m. on January 18, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

The first item taken up for consideration was the Consent Agenda:

Approve Minutes of Regular Meeting of January 4, 2000, as presented

Approve Minutes of Special Call Meeting of January 10, 2000

Accept City Clerk’s recommendation to adopt Resolution Voiding the 1997 Tax Sale of Parcel No. 02439010.000:

(Tax Sale Resolution)

Accept Police Reserve Reports for November 1999 ($320.00) and December 1999 ($180.00) and pay respective stipends

Allow Lt. Ray Akins to attend the Reducing Violence through Gun Enforcement school in Gulfport on January 26-28, 2000, and prepay the $25.00 registration fee and pay all other reasonable and actual expenses

Allow Ptn. Mike Crebassa to attend the T-Cap/Criminal Patrol class in Meridian on February 14-18, 2000, and pay all reasonable and actual expenses

Allow Det. James Hagan to attend the Interview and Interrogation course in Meridian on February 28-March 3, 2000, and prepay the $25.00 registration fee and pay all other reasonable and actual expenses

Accept Police Chief’s recommendation to place Officers Delaney Waltman, Doug Nelson, Julian Quiroz and Fred Paetow on permanent employment status with the City of Ocean Springs:

(Permanent Letter)

Allow Purchasing Agent Philip Killingsworth to attend the Winter Session of the Mississippi Municipal Clerks-Collectors Training Program in Hattiesburg on February 17-18, 2000, and prepay the necessary registration fee and pay all other reasonable and actual expenses

Accept City Engineer’s recommendation to approve Application for Payment No. 3 ($2,927.00) from Kappa Development & General Contracting, Inc. for work associated with the water line change order regarding the Government St. Improvements Project:

(Kappa Invoice)

Accept City Engineer’s recommendation to approve Application for Payment No. 4 (Federal Participating) regarding the Government St. Improvements Project ($210,499.00 to Kappa Development & General Contracting, Inc. and $253.00 to Engineering Testing Services, Inc.) and to issue payment within three days of receipt of funds from the State

(Kappa Invoice)

Accept Public Works Director’s recommendation of January 6, 2000, regarding surplus property and the transfer of two trucks from the Street Dept. to the Park Commission:

(Surplus Property Memo)

Accept Public Works Director’s recommendation to pay the invoice from Graham Construction Co., Inc. ($13,766.40) for sewer repairs on Westbrook St.:

(Graham Invoice)

Accept Public Works Director’s recommendation to authorize the City Clerk to advertise for bids for material to construct a dual well/sewer lift station and the laying of approximately 250 feet of 8 inch sewer line for Hellmer’s Lane:

(Dual Well/Lift Station Memo)

Accept Public Works Director’s recommendation to pay the invoice from Pandle, Inc. ($183,902.73) for asphalt overlay work completed from November 23 – December 20, 1999:

(Pandle Invoice)

Accept Public Works Director’s recommendation to pay invoices no. 99-1535 ($10,525.36) and no. 99-1536 ($8,707.50) from Twin L Construction, Inc. for sidewalk restoration on the west side of Washington Ave., Halstead Rd. and a portion of Bechtel Blvd.:

(Twin L Invoice)

Accept Public Works Director’s recommendation of January 12, 2000, regarding the award of biannual bids for Recycled Asphalt (Williams Paving Co.), Concrete Products (Concrete Products) and Hot Mix Asphalt (Mallette Brothers Construction):

(semi-annual bid award)

Accept City Planner’s recommendation to hire Kathy Beaugez as Community Development Clerk at Band 3/Step1 ($8.85) of the salary scale, upon successful completion of all pre-employment requirements, and place her on six months probation:

(Beaugez Hire Letter)

Accept Building Report for December 1999 and Year End Report for 1999

Pay City Attorney’s bill for December 1999 in the amount of $2,333.46

Pay Invoices from Architect Carl Germany: $449.90 for City Hall Roof, $1,393.32 for Ocean Springs Civic Center Renovations and Roof, and $140.80 for Police Station Courtroom:

(Germany Invoices)

Accept Action Report

Pay Docket of Claims and spread docket summary upon the Minutes:

(Docket Summary)

Item a was removed from the Consent Agenda for further consideration.

Motion by Gill, seconded by Garrard, to approve the Consent Agenda, excluding item a.

VOTING AYE ALL

VOTING NAY NONE

At this time discussion was held regarding item a of the Consent Agenda. Page 568 of the Minutes contained a portion of text duplicated from page 567. The necessary correction had been made prior to the meeting.

Motion by Garrard, seconded by Cody, to approve the Minutes of the Regular Meeting of January 4, 2000, as corrected.

VOTING AYE ALL

VOTING NAY NONE

(City Clerk memo re: Municipal Facility Property/$125,000 Negotiable Notes)

Motion by McDonnell, seconded by Garrard, to authorize the Mayor to pay the $125,000.00 balance due on the police facility property from the General Fund and to authorize the City Clerk to amend the budget by transferring the necessary funds from the General Fund cash balance.

Motion by Jalanivich, seconded by Gill, to table the issue of the police facility property.

VOTING AYE NONE

VOTING NAY ALL

The Mayor then called for a vote on the previous motion to pay the balance due on the police facility property and amend the budget. Said vote was as follows:

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by McDonnell, to recess the Regular Session and convene as the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

Members of the Zoning and Adjustment Board Review Section Committee present were Richard Schmidt and Ray Heddings. David LaPointe, Angela Sanders and Marshall Johnson were absent.

(Howell Documents)

Motion by Cody, seconded by Garrard, to accept the recommendation of the Review Section Committee to deny the request of Stephen M. Howell for side and rear yard variances at 647 Jackson Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members LaPointe, Sanders and Johnson

Motion by Garrard, seconded by Gill, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to ratify the actions of the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

(City Attorney’s Letter re: Walzer Sewer Refund)

At this time Marlene Walzer of 421 Bills Ave. addressed the Board once again requesting a refund of sewer charges paid over the past 11 years prior to receiving City sewer services. She advised the Board that she had received a copy of the City Attorney’s letter and had read it, but felt a refund was due from the City of Ocean Springs and not her landlord.

Motion by Gill, seconded by McDonnell, to determine the total sewer charges in dispute by Marlene Walzer and to table the issue for two weeks.

VOTING AYE Aldermen McDonnell, Cody, Cosper and Gill

VOTING NAY Aldermen Jalanivich and Garrard

At this time Alderman McDonnell read aloud the following letter and requested it be spread upon the Minutes:

(McDonnell Letter re: Moran Lot Split)

Motion by McDonnell, seconded by Garrard, to accept the letter from Alderman McDonnell and spread it upon the Minutes.

VOTING AYE Aldermen Garrard, McDonnell, Cody, Cosper and Gill

VOTING NAY Alderman Jalanivich

(Moran Documents)

Motion by McDonnell, seconded by Cosper, to deny the request of Mrs. J. Duncan Moran for a lot split of her property on Cleveland Ave.

VOTING AYE Aldermen McDonnell, Cody, Cosper and Gill

VOTING NAY Aldermen Jalanivich and Garrard

(Fort Maurepas Society Document)

Motion by Garrard, seconded by Cody, to give the Fort Maurepas Society $3,000.00 of the operating budget funds requested and to give them the remaining $500.00, if available, when the FYE 2000 Budget is amended.

VOTING AYE ALL

VOTING NAY NONE

(Junior Class of Resurrection Catholic High School – Waiver for Use of Civic Center)

Motion by Garrard, seconded by Jalanivich, to remove from the agenda the request of the Junior Class of Resurrection Catholic High School for use of the Ocean Springs Civic Center with the rental fee waived.

VOTING AYE ALL

VOTING NAY NONE

(MS Power Co. Letter)

Motion by Garrard, seconded by McDonnell, to accept and implement the recommendation of Mississippi Power Co. for improved street lighting on Cash Alley.

VOTING AYE Aldermen Jalanivich, Garrard, McDonnell, Cody and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Cosper

(Lemon COA)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Mrs. J. K. Lemon at 305 Lovers Lane.

VOTING AYE ALL

VOTING NAY NONE

(Walker COA)

Motion by Jalanivich, seconded by Cosper, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Mrs. Jan G. Walker at 243 Front Beach Dr.

VOTING AYE ALL

VOTING NAY NONE

(Wrigley Documents – Monticello Woods S/D – FPA)

Motion by Garrard, seconded by Jalanivich, to accept the Planning Commission’s recommendation to grant Final Plat Approval for Monticello Woods Subdivision, conditioned upon all requirements of the City Planner and City Engineer being met.

VOTING AYE ALL

VOTING NAY NONE

(Park Commission Letter)

Motion by Garrard, seconded by Cosper, to allow the Park Commission’s dance instructor, Sandra Gaines, to use the Civic Center on June 7-8, 2000, as requested and to waive the rental fees.

VOTING AYE ALL

VOTING NAY NONE

(BO Letter re: DiNella/Tree Committee)

Motion by Cosper, seconded by Cody, to reappoint Ralph Jackson to a five year term on the Tree Ordinance Committee ending January 19, 2005, and to relieve Glenn DiNella of his duties and appoint Willis White to the Tree Ordinance Committee to fill Mr. DiNella’s unexpired term.

VOTING AYE ALL

VOTING NAY NONE

(Vincent Documents)

Motion by Garrard, seconded by Cosper, to accept the Planning Commission’s recommendation to grant Preliminary Plat Approval for Hidden Oaks Subdivision, based on the comments from the City Planner and the City Engineer, and to acknowledge that that the original variance granted for the length of the cul-de-sac still applies.

VOTING AYE ALL

VOTING NAY NONE

No one addressed the Mayor and Board of Aldermen at this time.

ORDINANCE NO. 1 - 2000

AN ORDINANCE ADOPTING CROSS CONNECTION

CONTROL PROTECTION FOR CUSTOMERS OF

THE OCEAN SPRINGS WATER SYSTEM

Motion by Cody, seconded by Gill, to adopt the above and foregoing Ordinance.

VOITNG AYE ALL

VOTING NAY NONE

ORDINANCE NO. 2 - 2000

AN ORDINANCE AMENDING ORDINANCE NO. 2-1955

AS PREVIOUSLY AMENDED, SO AS TO PROVIDE FOR

AN ADDITIONAL CHARGE OF A CROSS CONNECTION FEE

Motion by Garrard, seconded by Cody, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

(Conveyance of Right-of-Way)

Motion by Gill, seconded by Cody, to accept the Conveyance of Right-of-Way from James E. Platt, Sr. and authorize the City Clerk to have the document recorded in the land deed records of Jackson County.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to authorize the Mayor to contact the appropriate power company to perform a street lighting study at West Commerce and North Halstead.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to go into Executive Session to discuss a personnel matter in the Fire Dept. and to excuse the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss a personnel matter in the Fire Dept.

After approximately 40 minutes the Executive Session ended and the following motion was made:

Motion by Cody, seconded by Gill, to resume the Regular Session.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Gill, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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